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(영문) 서울동부지방법원 2016.05.20 2015나25329

점포양도대금청구

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. From May 2007, the Plaintiff operated the store for Korean goods (hereinafter “instant store”) on the first floor of E hotel in detail in the Philippines from May 2007, and transferred the instant store to F in 83,000,000 won.

B. Around August 6, 2008, F prepared a letter stating that the Plaintiff will pay the remainder of KRW 70,000,000 to the Plaintiff by August 30, 2008.

C. Around September 2, 2008, the Defendants, F’ parents, prepared a loan certificate stating that the Plaintiff would pay the above KRW 70,000,000 to the Plaintiff when the Geumcheon-gu Seoul H building owned by Defendant B as the representative director was sold. D.

G Co., Ltd. entered into a sales contract for the building on January 16, 2013 and completed the registration of ownership transfer on February 6, 2013.

E. On April 7, 2014, the Plaintiff provisionally attached No. 1207 Dong 1504, U.S., Defendant C, and the Defendants paid KRW 10,000,000 to the Plaintiff’s mother’s account on the following day.

[Reasons for Recognition] A’s each statement or image of evidence Nos. 1 through 7, witness D’s testimony and the purport of the entire argument of the court of first instance [Judgment on the defense of evidence] The Defendants asserted that the evidence No. 1 of the Plaintiff’s motherJ was made up for deception and intimidation from the Plaintiff’s motherJ, and there is no evidence to acknowledge the Defendants’ assertion.

2. Assertion and determination

A. According to the facts of recognition as above, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 60,000,000 (i.e., KRW 70,000,000 - KRW 10,000) and the interest or delay damages calculated at each rate of 20% per annum under the Civil Act from February 7, 2013 to December 2, 2014, the day following the due date for payment, which is the delivery date of a copy of the complaint of this case, and from the following day to the day of full payment, the interest or delay damages calculated at each rate of 7,00% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

The plaintiff is calculated at the rate of 5% per annum from September 3, 2008 following the date on which the defendants drawn up a certificate of borrowing.